Appeal 2007-2532
Application 10/608,791
26. This text is followed by a list of eight exhibits that are described as
"Documentation of research results — dated [various dates from March 11,
2002 through June 7, 2002]." (Declaration at 2.)
27. The Declaration is signed by each listed inventor, and is followed by
four pages of a form declaration checked, filled in, and signed by the
inventors, and about 30 pages of exhibits on which hand-written circled
numbers 1 through 8 may be found at successive irregular intervals.
28. Although strings of digits or digits and dashes that could be read as
dates can be found on many pages, most occur as part of what appears to be
a directory string, not as a separate date on the page.
29. The Declaration contains no statements by any of the declarants
explaining the exhibits.
30. Jackson raises numerous complaints about the Examiner's arguments
regarding the Declaration, ranging from the alleged inadequacy of the
Examiner's initial response (Br. at 8–9) to the alleged untimeliness of the
Examiner's remarks in the Answer (Reply at 7–11).
31. The Examiner finds the Declaration unpersuasive for many reasons,
including because "there are no statements in the affidavit at all about what
is shown, so there is nothing we can do but guess at what the drawings
represent. In fact, no specific drawing can be identified as having an
associated date, as the drawings are unlabeled." (Answer at 10–11.)
32. The Examiner responds to the argument that no changes in chemical
bonds are taught by citing Gold as teaching that chemical reactions
encompass changes that strictly involve the motion of electrons in the
forming and breaking of chemical bonds," and that redox reactions, i.e.,
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